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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Pages 102955-102956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29978]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Proposed Consent Decree Under the Toxic 
Substances Control Act

    On December 13, 2024, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Southern 
District of New York in the lawsuit entitled United States, et al. v. 
Lilmor Management LLC, et al., Civil Action No. 24 Civ. 9520.
    In this action, the United States seeks injunctive relief pursuant 
to the Toxic Substances Control Act (``TSCA'') and the Residential 
Lead-Based Paint Hazard Reduction Act of 1992 (``RLBPHRA'') against 
Lilmor Management LLC (``Lilmor''), Morris Lieberman, and 49 limited 
liability companies for failure to make required disclosures to 
prospective tenants about lead-based paint in their apartments as 
required by the Lead Disclosure Rule (24 CFR part 35, subpart A, and 40 
CFR part 745, subpart F). As to Lilmor and Lieberman, the United States 
also seeks injunctive relief under TSCA for failing to comply with safe 
work practices and related requirements during renovations as required 
by the Renovation, Repair, and Painting Rule, 40 CFR part 745. The 
United States seeks further relief on a theory of public nuisance. The 
State of New York has joined in the suit to assert claims under state 
law.
    The consent decree requires the Defendants to pay a $3.25 million 
administrative penalty to the United States under TSCA and the RLBPHRA 
and to perform injunctive relief set forth in the consent decree, 
including the abatement of lead-based paint and the remediation of 
substandard living conditions. In settlement of its claims, New York 
State has agreed to payment of $325,000 to a New York City agency and 
creation of a restitution fund of $2.925 million. The settlement also 
provides for the hiring of a third-party housing expert to oversee 
settlement implementation.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, et al. v. Lilmor Management LLC, et al., 
D.J. Ref. No. 90-5-1-1-13022. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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[[Page 102956]]

    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.
    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the consent decree, you may request assistance by email or by 
mail to the addresses provided above for submitting comments.

Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-29978 Filed 12-17-24; 8:45 am]
BILLING CODE 4410-15-P
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